Judgment Shiv Kumar Sharma, J.-This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator Nominee on behalf of non applicants. 2. It appears that non applicants had settled and cleared the draft final account of the applicant. The Clause 67 of the Special Conditions of the Contract stipulates that in the event of disputes or differences arising in between the parties the matter shall be referred to Arbitral Tribunal. It also appears that even after the notice dated 27.08.2001 was sent no action towards appointment of arbitrator was taken by the non applicants. When no response was received from the non applicants in relation to appointment of arbitrator as per the procedure agreed upon by the parties, the applicant finally reminded the non applicant for appointment of the arbitrator vide letter dated 20.05.2002. It is contended that non applicant’s right to appoint arbitrator stands ceased and the jurisdiction to appoint arbitrator on their behalf is with this Court. 3. I have heard Mr. S.S. Hora, learned Counsel for the applicant and scanned the material on record. 4. Learned Counsel for the applicant placed reliance on Datar Switchgears Ltd. vs. Tata Finance Ltd., 2000 (8) SCC 151 , wherein their Lordships of the Supreme Court in Para 19 indicated thus :-“As far as Section 11(6) of the Arbitration and Conciliation Act, 1996 is concerned, if one party demands the opposite party to appoint an arbitrator and the opposite party does not make an appointment within 30 days of the demand, the right to appointment does not get automatically forfeited after expiry of 30 days. If the opposite party makes an appointment even after 30 days of the demand, but before the first party has moved the Court under Section 11, that would be sufficient. Only then the right of the opposite party ceases”. 5. Having carefully weighed the material on record, I find that prior to the applicant has moved this Court under Section 11 no Arbitral Tribunal was appointed by the non applicants, therefore, non applicant’s right to appoint arbitrator is ceased and under Section 11(6) of the Arbitration and Conciliation Act, 1996 this Court is empowered to issue necessary directions for appointment of Arbitrator nominee on behalf of the non applicant. .6. .6. In supersession of earlier orders, therefore, I appoint Arbitral Tribunal comprising of following persons :- .(1) Hon’ble Justice S.C. Mittal (Retired) .(2) Mr. Durga Prasad Jain, Retired Chief Engineer, Member Arbitral Council. The fees and other terms and conditions shall be settled by the Arbitral Tribunal itself . 7. The application stands allowed as indicated above.